Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default My untaxed car impounded. Advice needed

    Hi,

    Got off the train from work today to find my car had vanished from the car park. Initially I called the police to report it as stolen and they informed me that it had been towed and impounded due to the tax expiring on the 31st of April.

    The car should really have been sorn as it has been off the road for most of this month and the plan was to tax it tomorrow morning when my pay check comes through. I'm an idiot in that respect and I accept that. The car does however have a full MOT and is insured in my name.

    Are the contracted firms allowed to tow away cars without warning and from a public car park??

    How much do the impounds generally charge for storage and tow fees and do I at all have a case to reclaim these charges???

    Can I make a claim if the car is at all damaged when they loaded onto the truck??

    If anyone has any other useful information form a similar experience, please can you let me know.

    Thanks,

    Sam


  2. #2
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    Default Re: My untaxed car impounded. Advice needed

    police.DVLA would have arranged the impoundment, not just 'some contracted firm'

    £104 towaway fee + £12 per day storage.
    might just have gone up though i think to £112.

    and typically they photo the car, so that old damage [problem] will not work and the car park will no doubt have cctv.

    wouldn't of mattered about the sorn either, that would not of stopped the ticket infact prob been worse.

    if you have been luck and gotten away with it just retaxing the car might well have got you and £80 fine anyhow.
    depends what mood the dvla computer is in.....
    sometimes they just backdate the new tax and call it quits.

    but really as you say, you had no excuse, its not as if its a new thing.
    been around 2yrs now to my knowledge, no tax or MOT or Ins or Licence, car gets impounded.

    dx

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  3. #3
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    Default Re: My untaxed car impounded. Advice needed

    You will also need to produce a current VED disk or pay a surety to obtain the release of the car.

    Absolutely no case to reclaim - you were driving an untaxed vehicle - you got caught.


  4. #4
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    Default Re: My untaxed car impounded. Advice needed

    What do you mean by a "Does not have a full MoT"?

    There are no part MoT, the vehicle is either MoTd or it is not.

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  5. #5
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    Default Re: My untaxed car impounded. Advice needed

    Coniff,

    I think the OP is saying that the car DOES have a current MOT and insurance but was not declared SORN nor was it taxed.

    Feebee_71


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    Default Re: My untaxed car impounded. Advice needed

    There is a "part" MOT as it happens - one that's restricted to daylight hours and good visibility. It's what you get if your car has no front or rear position (side) lights, in which case you also don't need headlights, indicators or even brake lights!

    Not sure if the computers would pick up the difference if you were driving such a car at night though

    Also, one point on the impounding for no MOT or insurance - they can only do that if the car is seen being driven. Parking on the road is perfectly legal without MOT or insurance as long as the tax is current.

    Nothing I post should be taken as legal advice. It is offered as an opinion only.

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    Default Re: My untaxed car impounded. Advice needed

    Quote Originally Posted by Spunkymonkey View Post
    There is a "part" MOT as it happens - one that's restricted to daylight hours and good visibility. It's what you get if your car has no front or rear position (side) lights, in which case you also don't need headlights, indicators or even brake lights!

    Not sure if the computers would pick up the difference if you were driving such a car at night though
    Possibly not, mainly due to the fact they probably couldn't even see you anyway at night coz you had no lights!!


  8. #8
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    Default Re: My untaxed car impounded. Advice needed

    I wonder if you'd have a defence on "I can't see you so you can't see me" lines

    Nothing I post should be taken as legal advice. It is offered as an opinion only.

    This warning is in my signature because I'm not organised enough to remember to type
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  9. #9
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    Default Re: My untaxed car impounded. Advice needed

    Quote Originally Posted by Spunkymonkey View Post
    Also, one point on the impounding for no MOT or insurance - they can only do that if the car is seen being driven. Parking on the road is perfectly legal without MOT or insurance as long as the tax is current.
    Not sure about MoT - I would need to check - but insurance is required. Statute states 'using' (which includes parking, not driving. This is why you can't park on a pubic highway if using DOC insurance. However, you are correct that it cannot be s.165 impounded unless it is being driven.

    RTA 1988 s.143

    143 Users of motor vehicles to be insured or secured against third-party risks

    (1) Subject to the provisions of this Part of this Act—
    (a) a person must not use a motor vehicle on a road unless there is in force in relation to the use of the vehicle by that person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act, and
    (b) a person must not cause or permit any other person to use a motor vehicle on a road unless there is in force in relation to the use of the vehicle by that other person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act.



  10. #10
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    Default Re: My untaxed car impounded. Advice needed

    Agreed that using can include parking, but only if it's being parked somewhere in the course of using it (eg: drive to shops, park while shopping, drive home).

    It doesn't, however, include "Keeping", which is what you're doing if it's just sitting on the road near the address it's registered as being kept at. One reason for mentioning that is I've come across a couple of cases recently of over-zealous impounding impounded of such vehicles.

    One was properly taxed but awaiting MOT and no point insuring till it was ready to go for test and the other was taxed, with MOT, but occasional use so the guy used day cover insurance when needed. In both cases the police have returned the cars when challenged without charging any fees.

    Nothing I post should be taken as legal advice. It is offered as an opinion only.

    This warning is in my signature because I'm not organised enough to remember to type
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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE